02-10 Grant easement to Spring Garden Properties

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EXFII 0T' LIMITED EASEMENT This Agreement is made this day of 20, by and between The City of Lakewood, Ohio (a Municipal Corporation) ("Grantor), and Spring Garden Properties, LLC ("Grantee") of Lakewood, Ohio. WHEREAS the Grantor owns and has title to the public right of way abutting Grantee's real estate described below. WHEREAS the Grantee owns and has title to the following described real estate Situated in the City of Lakewood, County of Cuyahoga, and State of Ohio, and known. as being Sublot No. 150 in Rocky River Nursery Allotment as shown by the recorded plat in Volume 53 of Maps, Page 19 of Cuyahoga County Records. Permanent Parcel No. 313-18-027, 17526 Madison Avenue Lakewood, Ohio 44107 WHEREAS, the said properties are adjacent to each other and Grantor wishes to convey an easement over a portion of its property for the benefit of the Grantee. NOW THEREFORE, for valuable consideration of one dollar ($1.00), receipt of which is hereby acknowledged, the Grantor grants the following described easement to the Grantee: Description of Easement. This is an easement to construct, maintain and continue an ADA compliant access ramp to Grantee's property on the portion of Grantor's real property as described in Exhibit "A" attached to this Easement ("Easement Area"). This Easement shall automatically terminate when the encroachment no longer continues to exist for any reason, including, but not limited to, the temporary or permanent removal of the ADA compliant access ramp. This easement shall automatically terminate in the event that the ADA complaint access ramp is not adequately maintained by Grantee or it deteriorates to the extent that the ramp is unsafe and constitutes a hazard to those using the public right of way as determined by Grantor. This Easement is granted subject to the following terms and conditions: 1. Maintenance and Indemnification. Grantee shall be solely responsible for the maintenance, repair and replacement of the ADA compliant access ramp placed in the Easement Area. Additionally, Grantee shall be responsible for the maintenance of the entire Easement Area. Grantee shall indemnify, defend, and hold harmless the Grantor from and against all claims, damages, losses or expenses arising out of the exercise of the rights granted by this Easement, but excepting any claims, losses, damages or expenses to the extent caused by the negligent acts or omissions of the Grantor or its agents, employees, or contractors, or others for whom the Grantor is responsible. The ADA compliant access ramp shall be removed at Grantee's expense, upon termination of this easement. 2. Title. Grantor covenants with Grantee that Grantor is the owner of the Easement Area \ described above and has full power to convey the rights conveyed by this Easement.